California Divorce Legal Questions

Typically someone would file for modification of the Order in the state where the child is now living and file an Affidavit and Request for Registration of a Foreign Order. In law, the enforcement of foreign judgments is the recognition and enforcement in one jurisdiction of judgments rendered in another. Some states may call these by different names, but this is the common name of the forms. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read More

You should contact a family law attorney to discuss your situation in detail. I am not aware of a situation where a person can be married if they did not participate in a ceremony and did not sign a marriage license. You are probably not legally married and if someone claimed that you are you would defend the action that the marriage was void based on fraud. If there are documents that say you are married you can bring a Petition for Nullity in the Court and ask a court to void the marriage.... Read More

Original paperwork does not expire unless the court sets your case for a hearing to decide if the case should be dismissed for lack of prosecution, I.e., following through with the necessary steps to resolve the case. Many of the divorce cases (depending on the county) just stay inactive for years. Next step is to complete the paperwork and forms and submit these to court and requests a default judgment of divorce. Generally, the judge will simply divide community property (if any) including any community debts equally between the spouses, and grant the divorce. The judge could also order the child and/or spousal support if applicable, as well as orders regarding child custody. It's much better to encourage the husband to sign MSA.... Read More

If you pay any portion of the rent, then you could be considered a some lessee of hers so that she has to give you a 60 day notice and then sue for unlawful detainer and eviction. You might be able to make the same argument if you continuously pay for anything that also benefits her, such as the utilities, food, etc. Normally, the police will say it is a family dispute and not get involved. If she accused you of hitting her or threatening her with a weapon, they will come and may arrest you. Instead of having these fights all the time, go to family counseling o decide that the relationship is no longer worth it and leave. Your are not just having the type of arguments married couple have, there is a great of bitterness.... Read More

Just because you live with someone 15 years and are NOT married, and share children do not mean you share assets. This is a contract matter. Whether there is a contract (agreement) is subject to proof. The fact that the family home is in your name only tends to evidence that residence remains yours and yours alone. Each case stands an on its own particular facts. Competent legal representation is required for a case of this type.... Read More

If you met the requirements in the old county (3 months) and six month in the state at the time you filed the Petition, you can keep the original filing and do the divorce in the old county. In the new county you need to wait until you lived there for three months to file a new petition if that is what you prefer. Remember with a new case you will have to pay a new fee and serve the new Petition on your spouse.... Read More

There is a joint title presumption if you are on title to the property. Also, if the community was paying the mortgage loan the community would also have an interest for that reason. Unless there is other evidence that you and your spouse did not intend to be equal owners, you would probably be half owner. If either of you put in a down payment, that person may be entitled to a reimbursement.... Read More

No you do not automatically get one-half. This will be an accounting procedure to determine the 2-interests in the property. Your husband would get the equity before marriage and you would get a portion of increased equity. This can be a very complex accounting depending on many factors, far to lengthy for a short answer like here. When you are dealing with fragile economic issues in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!... Read More

If you were tricked into signing a property deed, we can help you reverse that procedure. It is extremely important to fix the problem now. The longer you wait the harder it will be to fix. Also, the property could be sold without your knowledge, then the money hidden and you will lose your ability to be paid. When you are dealing with fragile economic issues in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!... Read More

If the court is reserving jurisdiction over the issue of spousal support, then either spouse can ask the court to order spousal support in the future. If you are concerning about future support liability you can explore the possibility of making an agreement to consider what you are paying as a lump sum settlement for spousal support and terminate the court's jurisdiction to order future support.... Read More

No, it is not necessary to return to Mexico to get a legal divorce in California. As long as you have lived for at least three months in any California county and six months in California the family law court has jurisdiction to grant a divorce. It is assumed that that you were legally married in Mexico and are in fact married under Mexican law.... Read More